Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the city of Springfield acting by and through its conservation commission, may convey a certain parcel of land located in the city, acquired for conservation purposes, to the Berkshire Development, LLC to be used for economic development purposes. The parcel is bounded and described as follows:-
Northerly and Northeasterly by Lot 11, shown on hereinafter mentioned plan, three hundred forty and 32/100 (340.32) feet;
Easterly four hundred ninety nine and 31/100 (499.31) feet and
Southerly two hundred ten and 73/100 (210.73) by land of Springfield Area Development Corporation;
Southeasterly by Lot 13, shown on said plan, three hundred thirty-seven and 01/100 (337.01) feet;
Said land is shown as Lot 12 on said hereinafter mentioned plan.
All of said boundaries are determined by the court to be located as shown upon plan numbered 33452D, Sheet 1 and 2, the same being compiled from a plan drawn by Durkee, White, Towne & Chapdelaine, Surveyors dated March 25, 1986 and additional data on file in the land registration office, all as modified and approved by the court, a copy of a portion of which is filed with Certificate of Title No. 22329 recorded at Hampden county registry of deeds.
SECTION 2. In consideration for the conveyance authorized in section 1, the Berkshire Development, LLC shall convey to the conservation commission of the city of Springfield a certain parcel of land located in the city to be used for conservation purposes under section 8C of chapter 40 of the General Laws. The parcel is bounded and described as follows:-
Beginning at a point on the easterly side of Carol Ann Street said point marking the north westerly corner of lot 7 as shown on a plan entitled Definitive Street & Lot Layout, Carol Ann Street, Springfield, MA owner Berard & Sons, Inc. dated February, 1992 and updated July 24, 1992 by Smith Associates Surveyors, Inc.
Thence running S 16<=-06'-32" E along lot 7 a distance of 164.95' to a point at land of Dilizia; thence continuing along land of Dilizia 17<=-08'-24" E a distance of 696.65' to a point at land of Brouillard; thence turning and running along last named land the following courses S 72<=-51'-36" W a distance of 185.00' to a point; thence turning and continuing S 17<=-08'-24" E a distance of 69.12' to a point at land of Fether, Inc. on the town line between Springfield and East Longmeadow; thence turning and running along land of Fether, Inc. S 80<=-27'-53" W a distance of 232.50' to a point at land of Fisk; thence turning and running along last named land N 13<=-01'-57" W a distance of 562.33' to a stone bound at land of the City of Springfield; thence turning and running along land of the City of Springfield N 02<=-27'-37" E a distance of 986.42' to a point at land of lot 2; thence turning and running along lot 2 the following courses S 36<=-32'-48" W a distance of 145.36' and S 69<=-13'-26" E a distance of 25.00' to a point on the westerly side of Carol Ann Street; thence turning and continuing along the westerly side of Carol Ann Street on a curve to the left having a radius of 175.00', an arc distance of 167.56' to the point of reverse curve; thence continuing along curve to the right having a radius of 305.00', an arc distance of 245.31' to a point; thence continuing S 12<=-00'-00" W a distance of 30.00' to a point at the terminus of Carol Ann Street; thence turning and running along the terminus of Carol Ann Street S 78<=-00'-00" E a distance of 50.00' to a point; thence turning and running N 12<=-00'-00" E a distance of 10.00' to a point marking the north westerly corner of lot 7 as shown on above mentioned plan being the point of beginning.
Meaning and intending to convey 9.38 acres of land shown as "Remaining Land of Berard & Sons, Inc." on above mentioned plan.
The parcel to be conveyed to the city described in this section shall be of equal or greater value than the parcel described in section 1.
SECTION 3. In addition to the conveyance required by section 2, Berkshire Development, LLC shall construct and assume all costs for the construction of a new detention basin according to the specifications of the conservation commission of the city of Springfield on or before January 1, 2001.
SECTION 4. This act shall take effect upon its passage.